Update Date: August 05, 2022

1. General

1.1 Applicability of This Agreement

1.1.1 The Reyee Data Processing Agreement (hereinafter referred to as "this Agreement") is applicable to matters related to data processing during the use of products/services (hereinafter referred to as "products/services") of Reyee devices (hereinafter referred to as "Reyee") provided by Ruijie Networks Co., Ltd. (hereinafter referred to as "Ruijie"). The user authorizes and entrusts Ruijie to process relevant data for the purpose of using relevant products/services, and the confirmation of this Agreement is deemed as the completion of the authorization and entrustment to Ruijie.

1.1.2 Upon coming into effect, this Agreement shall become an integral part of the Reyee Device User Agreement signed by the user when the user logs in and uses the corresponding products/services. Except for the data processing authorization provided in this Agreement, any other matters related to the use of the products/services by the user shall be governed by the relevant provisions of the Reyee Device User Agreement signed by the user.

1.1.3 If the products/services provided by Ruijie contain links or information about third-party products/services, such third-party products/services may have their own specific data processing agreements or policies, and this Agreement shall not apply to the collection and processing of relevant data by such third parties

1.2 Effectiveness of this Agreement

1.2.1 Before using Ruijie Reyee's products/services, the user shall carefully read and fully understand all contents of this Agreement, and sign this Agreement by confirming their agreement by selecting the check box and clicking Confirm on the login interface.

1.2.2 Regardless of whether the user has signed this Agreement through the aforementioned method, the user's commencement of using Ruijie Reyee products/services indicates full understanding and acceptance of all the provisions of this Agreement, which will then come into effect and be enforced.

1.2.3 Ruijie reserves the right to revise and update this Agreement from time to time in response to changes in product/service functions, shifts in user needs, or significant alterations in the business or operational conditions of either the user or Ruijie. The updated agreement will be submitted to users again through the product/service login interface for confirmation, and will become legally binding on users and Ruijie in the way agreed above after being signed through the aforementioned method.

2. Terms and Definitions

2.1 User

The term "user" in this Agreement refers to any entity, organization, or individual across all sectors, such as government, finance, enterprise, and education, that uses Ruijie Reyee products/services.

2.2 Affiliates

The term "Affiliates" refers to any entity directly controlled by, indirectly controlled by, or under common control with a party, where "control" means having the authority to determine the financial or operational policies of an entity, whether or not through voting rights.

2.3 Products/Services

The term "products/services" in this Agreement refers to Reyee series hardware devices provided by Ruijie, along with their associated embedded software services.

 

2.4 User Data

The term "user data" refers to the data that the user actively enters during product/service use, or that is obtained or collected according to this Agreement during product/service use, as well as other relevant data derived from the aforementioned data. Such data includes but is not limited to logs as well as operation and use data. User (non-household user) data may contain information attributable to the user's organization, such as asset information and device configuration and running data.

This Agreement only applies to some user data from the user who agrees to transmit the data to Ruijie's servers and authorizes and entrusts Ruijie to process it (see 3.1 Data Types of Entrusted Data Processing for Products/Services), and does not apply to other user data retained on the user's or end user's local devices.

3. Entrusted Data Processing

3.1 Data Types of Entrusted Data Processing for Products/Services

This data description applies to the products/services provided by Ruijie to users. In order to provide you with the products/services, you shall explicitly authorize Ruijie to process the following user data attributable to the user, the user’s organization, or the user’s affiliated entities:

3.1.1 Device software and hardware versions and authorization information, including the device SN, advertised service module, service ID, timestamp, product model, MAC address, hardware version number, software version number, device working mode, IP address, virtual self-organizing network (VSON) ID, VSON group ID, VSON parent group ID, VSON active device SN, and VSON status.

3.1.2 Device operation records, such as login, clicks, search behaviors, and login frequency of administrators/users on the device interface

 

3.2 Purpose and Necessity of Entrusted Data Processing

To provide users with solutions of high-quality products/services that meet user requirements including but not limited to network maintenance, Ruijie needs to develop and achieve product/service functions based on user requirements. Ruijie also needs to make best efforts to maintain secure and stable operation of products/services during the use of such functions. For this necessary purpose, users must grant Ruijie authorization and entrustment for data processing. Ruijie processes relevant data based on user entrustment and in accordance with the data description of relevant products/services in this Agreement, its Appendix, and written instructions in other relevant agreements. In particular, the configuration of products/services by users is deemed as a written instruction to Ruijie.

3.3 Effective Authorization for Data Processing

3.3.1 The user shall ensure that he/she has sufficient authority to entrust Ruijie with data processing mentioned in this Agreement, and ensure that all sources and content of user data entrusted to Ruijie for processing are legal, true, and valid.

3.3.2 Ruijie will provide users with the required products/services based on certain trust in users after the administrators authorized by the users or the users confirm the signing of this Agreement. Ruijie will strictly abide by the provisions of relevant laws and regulations and the obligation of protecting user data stipulated in this Agreement.

4. Use and Security Protection of User Data

4.1 Use Scope of User Data

Ruijie shall process user data only within the scope of the authorization and entrustment granted by the user. If user data needs to be processed beyond the scope of the purposes or types authorized by the user, Ruijie will sign a new agreement with the user by updating this Agreement or using other ways.

4.2 Sub-processing

4.2.1 The user agrees that Ruijie may, within the scope of the authorization and entrustment under this Agreement, engage Ruijie's affiliates as “sub-processors” for the entire processing of data. The user agrees that Ruijie may, within the scope agreed upon in the Appendix to this Agreement, engage the specified third parties as “sub-processors” for the relevant processing of data.

4.2.2 If Ruijie needs to entrust user data processing to a third party as “sub-processor” other than those described above for providing products/services or other necessary purposes, Ruijie will promptly seek the user's authorization and consent through an updated version of this Agreement or any other relevant statement regarding data processing, and will only entrust to a sub-processor the entrusted data processing activities by the user. In addition, Ruijie will sign an appropriate agreement with such third party to ensure that the third party's obligations to protect user data are no less protective than those stipulated in this Agreement.

4.3 User Data Storage

4.3.1 Except for the behavioral data of user operations on eWeb, which is stored on servers within the territory of the People's Republic of China, other user data shall, in principle, be stored in different locations depending on the device location. The following table lists detailed information.

Device Location	User Data Storage Location
Asia-Pacific	Singapore data center
Middle East, Africa, Europe, countries across the Eurasian border, Central Asia, Latin America, Canada	European data center
USA	USA data center

Ruijie shall store the data within the time limit stipulated by relevant laws or agreed with users (which must meet the necessary needs for providing products/services to the user). You acknowledge and agree that in specific scenarios, in order to provide you with services (especially maintenance and troubleshooting services), Ruijie may need to transfer, collect, and process your user data across borders. If you do not agree, Ruijie has the right to refuse to provide you with relevant services. If cross-border transmission or processing of relevant data types requires the fulfillment of relevant legal obligations stipulated by the regulatory authorities of the device location, such as regulatory registration and filing, you (non-household user) shall bear such obligations unless otherwise stipulated by law. If the law explicitly stipulates that such legal obligations must be fulfilled by Ruijie, Ruijie shall actively cooperate to fulfill the relevant obligations after being prompted, explicitly informed, or requested by you.

5. Exemptions

5.1 User's Liability for Self-Processing of Data

For the user data generated during the use of Ruijie's products/services but not authorized to Ruijie for processing, such data will be stored on the user's local server. The user shall be responsible for managing the data and shall bear all liabilities therefor. If the user uses Ruijie products through borrowing, leasing, testing, or other means for a certain period and is required to return the devices to Ruijie or its authorized distributor partner at the end of the usage term, the user shall be responsible for deleting the user data on the devices before returning it. Otherwise, if data leakage or damage occurs due to the user's failure to delete the data in a timely manner, Ruijie shall not be liable for any compensation for damages.

5.2 Exceptions to Obtaining User Authorization and Consent

In order to fulfill obligations stipulated by laws, regulations, or policies, to comply with management requirements from regulatory authorities, to fulfill other agreements with users, or for other necessary purposes, Ruijie may need to collect, disclose, or use relevant user data beyond the scope of authorization and entrustment granted by the user through this Agreement. In such exceptional cases, the user agrees to exempt Ruijie from liability for breach of contract or compensation for damages:

5.2.1 Fulfilling obligations directly related to national security, defense security, public security, public health, and significant public interests.

5.2.2 Fulfilling obligations directly related to criminal investigation, prosecution, trial, and judgment execution.

5.2.3 For the purpose of protecting the life, property, and other major legitimate rights and interests of the user or other individuals, but under the situation that it is difficult to obtain user consent.

5.2.4 Necessary for maintaining the secure and stable operation of Ruijie's products/services, such as discovering or addressing vulnerabilities or faults in the products/services.

5.2.5 The user has voluntarily disclosed the relevant data and information to the public.

5.2.6 Collecting relevant data and information from legally disclosed sources, such as news reports or government information disclosure.

5.3 Limited Liability for User Data Security Protection

5.3.1 Ruijie undertakes to exert its utmost efforts to implement reasonable measures for safeguarding the security of user data. However, the user acknowledges and agrees that no security measures can be entirely foolproof. Ruijie will work in close collaboration with the user to jointly ensure data security. In the event of a security incident involving the leakage, loss, or destruction of user data due to reasons such as hacking, virus infection, or force majeure, the user understands that Ruijie shall not be liable for any direct or indirect losses or responsibilities.

5.3.2 Ruijie will not be liable for any direct or indirect losses or responsibilities for security incidents involving the leakage, loss, or destruction of user data due to reasons such as the user disclosing the account password of the products/services in use to others, or the user entrusting the management of the products/services account to a third party through online authorization or configuration changes, or the user violating the relevant provisions of this Agreement or the Reyee Device User Agreement for other reasons attributable to the user.

6. Applicable Laws and Dispute Settlement

6.1 Applicable Laws

The formation, effectiveness, performance, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China (excluding the Law on Application of Laws). In the absence of relevant laws, applicable commercial practices may be referenced.

6.2 Dispute Settlement

Any disputes or controversies between users and Ruijie shall be settled through friendly negotiation first. If negotiation fails, the user agrees to submit disputes or controversies to the jurisdiction of the Haidian District People's Court in Beijing.

7. Contact Information

During the use of Ruijie products/services, the user may contact Ruijie's customer service team by email at service_rj@ruijienetworks.com or through online technical support to inquire about or consult on issues related to data processing.